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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 840 Reference Change Senate (RCS)]

112th CONGRESS
  1st Session
                                 S. 840

   To establish customs user fees for commercial trucks transporting 
         foreign municipal solid waste, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2011

Ms. Stabenow (for herself and Mr. Levin) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                              May 18, 2011

       Committee discharged; referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To establish customs user fees for commercial trucks transporting 
         foreign municipal solid waste, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Canadian Trash Act''.

SEC. 2. CUSTOMS USER FEES FOR COMMERCIAL TRUCKS TRANSPORTING FOREIGN 
              MUNICIPAL SOLID WASTE.

    (a) In General.--Section 13031 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c) is amended--
            (1) in subsection (a)(2), by inserting ``or $500 if such 
        truck is transporting foreign municipal solid waste'' before 
        the end period;
            (2) in subsection (b)(2), by striking ``No fee'' and 
        inserting ``Except for the fee charged for each arrival of a 
        commercial truck that is transporting foreign municipal solid 
        waste, no fee''; and
            (3) in subsection (b)(7), by striking ``No fee'' and 
        inserting ``Except for the fee charged for each arrival of a 
        commercial truck that is transporting foreign municipal solid 
        waste, no fee''.
    (b) Definitions.--Subsection (c) of such section is amended by 
adding at the end the following:
            ``(6) Foreign municipal solid waste.--The term `foreign 
        municipal solid waste' means municipal solid waste generated 
        outside of the customs territory of the United States.
            ``(7) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means--
                            ``(i) all waste materials, collected or 
                        handled by any means, discarded for disposal by 
                        households, including single and multifamily 
                        residences, hotels, and motels; and
                            ``(ii) all waste materials, collected or 
                        handled by any means, discarded for disposal 
                        that were generated by commercial, 
                        institutional, municipal, or industrial 
                        sources, including--
                                    ``(I) rubbish;
                                    ``(II) food;
                                    ``(III) yard waste;
                                    ``(IV) paper;
                                    ``(V) clothing;
                                    ``(VI) appliances;
                                    ``(VII) consumer product packaging;
                                    ``(VIII) disposable diapers;
                                    ``(IX) office supplies;
                                    ``(X) cosmetics;
                                    ``(XI) glass and metal food 
                                containers;
                                    ``(XII) household hazardous waste;
                                    ``(XIII) debris resulting from 
                                construction; and
                                    ``(XIV) remodeling, repair, or 
                                demolition of structures.
                    ``(B) Exception.--The term `municipal solid waste' 
                does not include any of the following:
                            ``(i) Any solid waste identified or listed 
                        as a hazardous waste under section 3001 of the 
                        Solid Waste Disposal Act (42 U.S.C. 6921), 
                        except for household hazardous waste.
                            ``(ii) Any solid waste, including 
                        contaminated soil and debris, resulting from a 
                        response to a release or threatened release of 
                        a hazardous substance which, had such response 
                        occurred within the United States, would 
                        constitute--
                                    ``(I) a response action taken under 
                                section 104 or 106 of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act (42 U.S.C. 9604 and 
                                9606); or
                                    ``(II) a response action taken 
                                under a State law with authorities 
                                comparable to the authorities of such 
                                section 104 or 106.
                            ``(iii) Recyclable materials that have been 
                        separated, at the source of the waste, from 
                        waste otherwise destined for disposal or that 
                        have been managed separately from waste 
                        destined for disposal.
                            ``(iv) Any waste being used solely as 
                        feedstock for the purpose of alternative energy 
                        production.
                            ``(v) Any medical waste that is segregated 
                        from or not mixed with solid waste.
                            ``(vi) Solid waste generated incident to 
                        the provision of service in interstate, 
                        intrastate, foreign, or overseas air 
                        transportation.''.

SEC. 3. INFORMATION TO BE PROVIDED TO CUSTOMS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate regulations requiring each importer of foreign municipal 
solid waste (as defined section 13031(c) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(c))) to provide, with 
respect to each truck carrying foreign municipal solid waste that 
enters the customs territory of the United States, the following 
information:
            (1) The cubic feet of the foreign municipal solid waste in 
        the truck.
            (2) The specific type and content of such waste.
            (3) Any other information the Secretary of Homeland 
        Security deems appropriate.
    (b) Penalties.--Any person who fails to provide, or falsifies, the 
information required by this section, or any regulation issued under 
this section, shall, in addition to any other civil or criminal penalty 
that may be imposed under title 18, United States Code, under title 42, 
United States Code, or under any other provision of law, be assessed a 
civil penalty by the Secretary of Homeland Security of not more than 
$10,000 for each such failure or falsification.
                                 <all>
```